Oral question asked in the House of Lords, by Baroness Williams of Crosby (Liberal Democrat). It was answered by Lord Bassam of Brighton (Labour) on Thursday, 26 May 2005.

Terrorist Offences: Deportation

Question: Whether it is now their policy to deport non-British citizens charged with terrorist offences, even when, as in the recent ricin case, the courts have found them innocent of the charges.

Answer: My Lords, Section 3(5)(a) of the Immigration Act 1971 provides that a person who is not a British citizen may be deported if his deportation is deemed to be conducive to the public good. In deciding whether or not deportation action is appropriate in a particular case, the fact that the person concerned has been acquitted of any criminal charges will be one of the factors taken into account where it applies, but it is not conclusive. Each case is considered on its individual merits, taking account of all the relevant factors. Of course, where someone subject to immigration control is present without leave in the United Kingdom and has no entitlement to remain, we will normally seek to remove him whether or not he has been tried and acquitted of any criminal offence.

Secondary information